Chicago Brain Injury Lawyer Blog

Child Suffers Permanent Brain Injury When Trunk Lid Collapses

Mon, 08 Mar 2010 17:01:19 -0600

An eighteen month old girl is now in a persistent vegetative state after becoming trapped in a trunk marketed as a toy chest after the lid slammed shut on her. According to the Pittsburgh Post-Gazette, the girl’s parents filed a products liability lawsuit because the store sold the trunk knowing the trunk was dangerous for children because the trunk’s lid could suddenly collapse. The girl’s head and neck became trapped in the trunk after the lid suddenly fell, causing her to suffer an anoxic brain injury. Anoxic brain injury occurs when there is an absence of oxygen in the brain, such as by prolonged suffocation, and the lack of oxygen causes brain cells to die. This serious brain injury can result in spastic quadriplegia, mental retardation and loss of speaking skills.

The Courthouse News Service explains that Consumer Product Safety Commission (CPSC) statistics show that at least 45 children had already died or suffered serious brain injuries as a result of the trunk lid falling on their heads or necks or trapping children inside. The CPSC is a government agency that has proposed standards to protect children from dangerous products and prevent these brain injury incidents from occurring. If a product marketed for toy storage does not have lid support, the CPSC states that a label should be placed inside the lid warning of the dangers of suffocation.

Lawsuits are an effective way to tell manufacturers and retailers that their unsafe and unreasonably dangerous products will not be tolerated by consumers. Our Chicago personal injury attorneys encourage families to visit the CPSC website for updates on how to protect yourself and your loved ones from serious injury or death. If you have been a victim of brain injury caused by a defective product, you may be entitled to seek compensation for your injury or loss. Fill out our online contact form and one of our experienced lawyers will respond to you soon.

Victim Suffers Head Injury When Shopping Center Failed to Repair Railing

Thu, 04 Mar 2010 20:13:43 -0600

A 42 year old man was leaning against a railing on an elevated walkway when the railing gave way and the man fell to the ground. According to the story as reported in the New Jersey Law Journal, the shopping center was aware of the broken railing. In fact, it had broken the day before and the shopping center used wire to hold it together and neglected to post any warning signs. Due to the property owner's negligence, the man suffered a closed head injury which caused him to become disoriented, behave childlishly and lose control of his bladder. A closed head injury is a trauma in which the brain is injured as a result of a sudden, violent motion that causes the brain to knock against the skull. Closed head injuries can affect cells and tissues throughout the brain or damage can occur in one area. The victim also fractured vertebrae, dislocated his shoulder, and lost hearing in his left ear. He had to give up his job due to the shopping center’s negligence. The shopping center does not dispute that the improperly repaired railing caused the accident or that a brain injury caused the victim’s mental problems. The shopping center is liable to the injured victim because of premises liability which provides that when an accident or injury occurs to a visitor on another person's property, the owner of the property may be liable (legally responsible).

Jury Awards $12 million for Medical Malpractice Resulting in Traumatic Brain Injury

Thu, 18 Feb 2010 08:00:00 -0600

The jury in a medical malpractice trial, recently awarded $12 million for a hospital’s delay in evaluating and transferring an air rifle victim.

According to the Pasadena Star News, twenty-two-year old, Jessica Ramirez, was shot with an air rifle and the pellet entered her brain. Nevertheless, she remained conscious after the shooting and was able to ask for help. She was immediately taken to the hospital, which in turn sent her to another facility for surgery to remove the pellet. However, staff waited 5 hours before transferring her. At trial, the neurosurgeon who removed the pellet testified that, had he been allowed to operate sooner, her outcome would have better. Instead, her injury progressed into a traumatic brain injury that has left her in a persistent vegetative state.

More than $10.6 million of the award was for Jessica’s future medical care.

In many cases, especially those involving brain injuries, prompt evaluation and treatment is necessary to prevent treatable injuries from resulting in permanent damage or death. When doctors, hospitals, and other medical professionals fail to respond in a timely manner, they place their patient’s lives at risk. When this risk results in harm, they can be found liable for medical malpractice.

Click the following link for the full account of this traumatic brain injury verdict.

11-Year-Old Dies From Brain Trauma Despite Wearing Helmet

Fri, 05 Feb 2010 10:40:05 -0600

An 11-year-old Canadian girl died recently in a skiing accident. Though she was wearing a helmet, the protective device failed to prevent her from sustaining a serious brain injury. Her death highlight the need for parents to be vigilant about choosing the proper helmet when their children go skiing, biking or play sports such as hockey or football. Helmets should fit properly and parents should fit their growing children every year to ensure an appropriate fit. The article covering the girl’s death calls on the Canadian government to enact standards for all helmets to ensure safety in both children and adults. In the U.S., the CPSC has developed standards for bicycling helmets to prevent personal injuries such as traumatic brain injuries and groups such as the ASTM recommend helmets for skiing. To read the full account of the brain injury death that sparked the discussion of ski helmet standards in Canada, follow the link.

A Look at Brain Injuries

Sun, 31 Jan 2010 10:23:32 -0600

The Chicago personal injury attorneys at Levin & Perconti represent individuals and families in cases involving serious brain injuries. Traumatic brain injuries can happen in a number of ways- in automobile accidents, participating in sports activities, through medical malpractice and even in a fall. The Brain Injury Association of America estimates that every year, 1.4 million people sustain traumatic brain injuries. While not all injuries can be avoided, there are steps people can take to protect themselves. For instance, we always recommend defensive driving to prevent car accidents. We also recommend that people wear helmets when participating in sports such as skiing, biking and football. If you believe that a loved one has a suffered a brain injury as a result of someone else’s negligence, please feel free to call Levin & Perconti to speak to a brain injury lawyer.

Illinois Family Files Wrongful Death Suit for Fatal Brain Injury

Mon, 25 Jan 2010 15:01:42 -0600

Several weeks ago, the Daily Herald reported that an Illinois family has filed a wrongful death lawsuit in the Kane County Circuit Court for the wrongful death of a 66-year-old woman from East Dundee. The woman suffered a fatal brain injury after being hit by a car as she crossed Route 31. According to the report of the pedestrian accident, the lawsuit alleges that the driver failed to drive safely or pay attention to the road. He was cited by police for failing to yield and failing to use due care.

Brain injuries are unfortunately all to common in car and pedestrian accidents throughout Illinois. In many instances, these injuries are fatal, or require years of recovery. To read more about this wrongful death lawsuit, follow the link provided.

Snowboarder Experiences Traumatic Brain Injury

Sun, 10 Jan 2010 22:29:34 -0600

Professional snowboarder Kevin Pearce endured a serious fall while training and now lies with a severe brain injury in critical care. His dreams of competing in the halfpipe seem gone, and his family is keeping vigil. He was working on a version of the “double cork” which is a twisting double back flip when he caught an edge and hit the icy pipe with his forehead. Kevin was knocked unconscious even though he was wearing a helmet. He had to be airlifted to the hospital where doctors told his family that he had sustained “a severe traumatic brain injury.” He needed to be intubated and was kept sedated. Doctors say that he is improving and is slowly regaining consciousness. They believe that he is improving faster than anticipated yet there is still a long recovery that lay ahead. To learn about the initial fall, please check out this link. To read about his updated recovery, please click the link.

Brain Injury Sidelines Aspiring Student

Tue, 05 Jan 2010 22:18:13 -0600

A young woman was driving down the road in Crystal Lake when she encountered a horrific automobile crash. This crash fractured her spine in three places and she suffered a traumatic brain injury. Many of the doctors thought that she would be paralyzed. However, the victim has a positive outlook and has been passing milestone after milestone. She recently entered Pioneer Center’s Traumatic Brain Injury program, which includes vocational training. She now has to relearn basic tasks which include walking. The victim continues to have some facial paralysis. She has also filed a brain injury lawsuit seeking $50,000. She is looking forward to speaking with children about the importance of safe driving. Hopefully she will in turn prevent brain injuries. To read more about the woman’s struggles, please click the link.

Passenger in Automobile Accident Suffers Brain Injury

Fri, 01 Jan 2010 22:04:13 -0600

The family of a St. Charles, Illinois student who died in a automobile crash is filing an automobile accident lawsuit against a classmate accused of driving drunk and causing the collision for more than $6 million. The 18 year old has pleaded not guilty in criminal court to multiple counts of aggravated drunken driving and reckless homicide in connection with the automobile crash. Another student in the care suffered a brain injury and fractured jaw. She has also filed a brain injury lawsuit claiming that the driver was negligent. Brain injuries are a common result of automobile crashes. To learn more about the fatal crash, please click the link.

US Bobsledder Suffers Brain Injury

Fri, 25 Dec 2009 12:34:15 -0600

Todd Hays’ brain injury could heal within three months and without surgery. He recently had to drop his U.S. Olympic bobsled bid to make the Vancouver Games and retired after learning the extent of brain damage he sustained in a training crash. The bobsledder will need further evaluation of the bleeding in his brain and will have to be monitored for weeks. He does have full neurological function at this point. He had to retire after being told that his brain injury was worse than the preliminary concussion diagnosis had originally thought. His teammates initially knew something was wrong after their bobsled crashed in a training run. The athlete was told by doctors that more trauma could cause irreversible brain damage. However, the chief medical officer advised him that if he rested now the brain could heal itself. Concussions are not uncommon in the sport of bobsledding. This case highlights the need to rest after a brain injury, especially in the unique circumstances of athletes. To read more about the bobsledder’s brain injury, please click the link.

Man Suffers Fatal Brain Injury in Workplace Accident

Sun, 20 Dec 2009 11:07:10 -0600

An employee for Horner Electric died after he suffered a traumatic brain injury while at work. According to Justice News Flash, police believe that the man suffered a brain injury that caused him to either fall or become crushed by the moving parts of a machine. The report states that the victim’s coworkers discovered him lying on the ground and called for emergency workers. When EMT workers arrived at the scene of the workplace accident, the victim was pronounced dead. Read the full coverage of this tragic brain injury accident.

Vineyard Settles With Teen Who Suffered Brain Injury

Sat, 12 Dec 2009 14:43:48 -0600

A teenager who suffered a serious brain injury in a 2006 car accident will receive $3 million from the Sonoma winery that served his underage friend beer at a wedding reception. Despite having no proper identification, the underage driver became intoxicated at the reception and crashed his car. The car accident led to his friend's lifelong injuries. The teens also received settlement money from a convenience store that supplied them with beer. According to the Mercury News, the brain injured teen will use the settlement funds for future care and to equip his home with assistive technology. Learn more about the brain injured teen's lawsuit by clicking the link.

College Football Player Receives $7.5 M in Brain Injury Settlement

Mon, 30 Nov 2009 23:45:07 -0600

23-year-old Preston Plevretes, a former college football player, reached a settlement with LaSalle University, four years after he suffered a serious brain injury during a football game. The personal injury settlement was reached for $7.5 million and will cover the young man’s ongoing medical care and treatments for life. In 2005, Plevretes was knocked unconscious and fell into a coma after a hit during a game. Doctors performed emergency surgery to reduce swelling in the brain, however they could not repair all of the damage and today he has difficulty walking and communicating. According to the lawsuit, Plevretes suffered a concussion several days before the game during practice. The plaintiff’s injury attorney contended that because the university did not treat the concussion, it left Plevretes’ brain in a vulnerable state. Plevretes’ attorney noted that when someone’s brain is already swollen, it can quickly swell up and can easily lead to a herniation. This is likely what caused his life-changing injury. To read the full report on this brain injury settlement, click on the hyperlinked text.

Chicago Boxer Suffers Fatal Brain Injury

Wed, 25 Nov 2009 16:50:32 -0600

According to the Chicago Tribune, a junior featherweight boxer from Chicago died two days after sustaining a severe brain injury during a boxing match. The fighter, who was just 25 years old, was rushed to the hospital after collapsing in the ring after a fight. According to reports, the boxer complained of being sleepy and then went limp. Although he was rushed to a hospital for emergency brain surgery, he never regained consciousness and later died. His family made the decision to donate his organs, and his uncle received one of the fallen fighter’s kidneys. Follow the link to learn more about this sports-related brain injury.

U.S. Representative Introduces Bill for Veterans with Brain Injuries

Thu, 12 Nov 2009 15:50:42 -0600

Shelley Moore Capito, a member of the U.S. House of Representatives, recently introduced legislation that would help veterans suffering from brain injury. The Veterans Traumatic Brain Injury Access to Care Act would allow veterans in rural areas access to better care and treatment for their injuries. Oftentimes, veterans are limited in where they can receive appropriate care, and are forced to travel long distances to select VA hospitals that have the proper technology to treat traumatic brain injury. According to the article on WHSV.com, twenty percent of the injuries to soldiers in the Iraq and Afghanistan wars involve some sort of brain injury, making access to proper treatment important to veterans across the country. To view the status of Capito’s bill to protect the victims of traumatic brain injury, follow the hyperlink.